(a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders.
(b) If the defendant is committed in lieu of bail, the court may require such defendant, while in custody, to have no contact with the victim or the victim’s family.
(c) If the defendant is committed in lieu of bail, and knowingly breaches any conditions imposed in connection with that bail, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows:
(1) If the defendant was held in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both;
(2) If the defendant was held in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both.
11 Del. C. 1953,
§
2109;
56 Del. Laws, c. 231,
§
1;
66 Del. Laws, c. 300,
§
7;
70 Del. Laws, c. 186,
§
1;
77 Del. Laws, c. 143;
80 Del. Laws, c. 51,
§
1;
81 Del. Laws, c. 200,
§
1;
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2017–2025 · leading case:
State v. Nastatos, No. 1102018112 (Del. Super. Ct. May 13, 2019).
State v. Nastatos, No. 1102018112 (Del. Super. Ct. May 13, 2019).
· cites it 2× “311 Del. C. § 2109. 411 Del. C.§ 2113(c). 5 DI.”
State v. Rowan, No. 0910020105 (Del. Super. Ct. Nov. 21, 2017).
“§ 770; and fifty-six counts of Breach of Conditions, 11 Del. C. § 2109. He Was State v. Rowan ID No.”
State v. Nastatos, No. 1102018112 (Del. Super. Ct. Mar. 29, 2019).
“311Del.C.§ 2109. 411Del.c.§ 2113(¢). 5 D.I.”
Jones v. State, No. 429, 2018 (Del. Jan. 7, 2020).
“27 Jones contends the evidence was insufficient to support his convictions for Breach of Conditions of Bond During Commitment because the State never actually introduced evidence before the jury at the trial to 27 11 Del. C. § 2109(c)(1). 10 explain that at the time of the…”
State v. Jones, No. 1706012725 1708022021 (Del. Super. Ct. July 20, 2022).
“); see generally 11 Del. C. § 2109(c), (c)(1) (2018) (Non-Comp Bond).”
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
“Code § 2113(c); 11 Del. Code § 2109(c). Here, it was undisputed that there was a no-contact order in place while Petitioner was confined in default of bail on a felony charge of stalking.”
State v. McCray, No. 1702010418 (Del. Super. Ct. Oct. 14, 2024).
“§ 607), and Breach of Bond Conditions during Commitment (11 Del. C. § 2109).! 2 On the same day, Defendant was sentenced to twenty five (25) years at Level V, suspended after twelve (12) years, six (6) months for two (2) years supervision Level IV suspended after six (6) months…”
Garcia-Vincente v. State, 350 A.3d 637 (Del. 2025).
“As previously discussed, these claims 9 11 Del. C. § 2109(c). 9 are without merit.”
11 Del. C. § 2109(c): 3 cases
State v. Jones, No. 1706012725 1708022021 (Del. Super. Ct. July 20, 2022).
“); see generally 11 Del. C. § 2109(c), (c)(1) (2018) (Non-Comp Bond).”
Nastatos v. May, No. 1:20-cv-00180 (D. Del. Mar. 1, 2023).
“Code § 2113(c); 11 Del. Code § 2109(c). Here, it was undisputed that there was a no-contact order in place while Petitioner was confined in default of bail on a felony charge of stalking.”
Garcia-Vincente v. State, 350 A.3d 637 (Del. 2025).
“As previously discussed, these claims 9 11 Del. C. § 2109(c). 9 are without merit.”
11 Del. C. § 2109(c)(1): 2 cases
State v. Nastatos, No. 1102018112 (Del. Super. Ct. May 13, 2019).
“311 Del. C. § 2109. 411 Del. C.§ 2113(c). 5 DI.”
Jones v. State, No. 429, 2018 (Del. Jan. 7, 2020).
“27 Jones contends the evidence was insufficient to support his convictions for Breach of Conditions of Bond During Commitment because the State never actually introduced evidence before the jury at the trial to 27 11 Del. C. § 2109(c)(1). 10 explain that at the time of the…”
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